The Delhi High Court clarified that in the suits filed with the High Court having a pecuniary value of less than two (2) crore and liable to be transferred to subordinate courts in view of Delhi High Court Amendment Act 2015, an application to amend the pecuniary value of the suit for the purposes of jurisdiction can be entertained by the High Court.
After reviewing the case law, a Large Bench of the Court said, “The view we have taken would not only cut short delays, but is a pragmatic view. It enables the Court where the suit is pending to determine and decide the application for amendment relating to pecuniary jurisdiction for if the amendment is allowed or dismissed, the suit will be retained or transferred and parties are not relegated to another court where the application for amendment would then be considered and depending upon the decision, the suit could be retransferred or returned to be presented in the earlier court. If we follow the second procedure, it would cause delay and make the procedure more cumbersome and difficult. This would not be in the interest of the litigant wanting an expedited and quick disposal.”
The Court further said that it can entertain and hear application for amendment of plaint in a suit which has been ordered to be transferred to the subordinate Courts and where this Court finds (applying the principles of amendment) the amendment enhancing the valuation of the suit for the purposes of pecuniary jurisdiction to be necessary for purpose of determining the real question in controversy, this court has jurisdiction to allow the said amendment.